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april 1961

Supreme Court of India · 1961-04-11

HIRALAL PATNI vs LOONKARAM SETHIYA & OTHERS

Citation / case number
SC 1961/4
Court
Supreme Court of India
Petitioner
HIRALAL PATNI
Respondent
LOONKARAM SETHIYA & OTHERS
Bench
SUBBARAO

Judgment text excerpt

The Supreme Court held that a receiver appointed under a preliminary decree continues to function until discharged, even if a final decree is silent on the matter. The Court established that the receiver's powers persist until formally terminated, and the court retains authority to direct the receiver to recover possession of property. In this case, the appellant was required to return possession of the flour mill to the receiver upon the lease's expiration, as the court's arrangement was valid under Order 40 Rule 1(1)(d) of the Code of Civil Procedure, 1908.

HIRALAL PATNI vs LOONKARAM SETHIYA & OTHERS · Niyam